Delhi

New Delhi

CC/422/2013

A-One Tex Tech Pvt.Ltd. - Complainant(s)

Versus

M/S. The New India Assurance Company Ltd. - Opp.Party(s)

13 Feb 2020

ORDER

 

 

                          CONSUMER DISPUTES REDRESSAL FORUM-VI

                             (DISTT. NEW DELHI),

                          ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

                                                                    NEW DELHI-110001

 

 Case No.C.C.422/2013                                          Dated:

        In the matter of:

          M/s  A-One Tex Tech Pvt. Ltd.,

         2705, Basement, Bank Street,

          Karol  Bagh, New  Delhi-05.

          Through its Director,

          Sh. Deepak Gulati.

                   ……..COMPLAINANT

VERSUS

 

1.  The New India Assurance Co. Ltd.

Level-5, Tower-II,

Jeevan Bharati Building,

124, Connaught Circus,

New Delhi-01.

 

 

2.    The Branch Manager,

New India Assurance Co. Ltd.,

Channana Complex, 3^rd Floor,

Gurudwara Road, Karol Bagh,

New Delhi-05.

Opposite Parties.

 NIPUR CHANDNA, MEMBER

 

ORDER

       

The complainant has filed the present complaint against the OPs under section 12 of Consumer Protection Act, 1986.  The gist of the complaint is that the complainant is the  policy holder of the OP Co. vide policy bearing No.31230246110100000167 for the period from 14.12.2011 to 14.4.2012.  On the intervening night of 25/26.2.2012 , an incident took place at the site of the  complainant whereby the steel bar lying at the site were found missing.  Immediately the matter was reported to police and an FIR was registered. On 10.3.2012,  the complainant lodged the claim with the OP for the loss to the tune of Rs.2,11,192/-.  OP vide its letter dt.17.9.2012 repudiated the claim on the basis of the surveyor report.   Vide letter dt. 3.10.2012, the complainant requested OP to provide the surveyor report but OP did not provide the same.  Finally, by way of RTI, the complainant succeeded in getting the surveyor report.  The complainant after perusing the same once again requested the OP to  re-consider his claim, but all in vain.  Complainant, therefore, approached this Forum for redressal of his grievance.

2.     Complaint has been contested by OP.  In its written statement,    OP  has not disputed that complainant had taken policy referred above. OP has stated that there is no deficiency in service on its part as alleged by the complainant.  It has been further stated that the surveyor in its report dt. 14.8.2012 had stated that the loss to the insured had occurred due to theft in open area.  There was no forcible entry or exit from the site, hence, the subject loss does not fall within the purview of the insurance policy document issued by the underwriter.  On the basis of the surveyor report, the insurance co. had rightly repudiated the claim of the complainant in accordance with the terms and conditions of the policy in question.   And further prayed for  dismissal of present complaint.    

3.     Both the parties have filed their evidences by way of affidavit,

4.     We have heard argument advance at the Bar and have perused the record.

5.     It is argued on behalf of complainant that as per the policy document, the insured premises is plot No.2046, Ph.II, IE, Rai District, Sonepat(Haryana) and the stock for industrial building under construction was covered to the tune of Rs.30 lacs, hence, the repudiation is arbitrary and relief claim be granted.

6.     On the contrary, it is argued on behalf of OP that   surveyor in its report dt. 14.8.2012 had stated that the loss to the insured had occurred due to theft in open area.  There was no forcible entry or exit from the site, hence, the subject loss does not fall within the purview of the insurance policy document issued by the underwriter

7.     Some facts are not denied by the parties such as the policy documents and the theft occurred.  The complainant has placed on record the proposal form against the policy in question.  The perusal of the same shows that the complainant has insured plot No.2046, Ph.II, IE, Rai District, Sonepat(Haryana) which is a industrial building under construction.  Moreover, he had also proposed for the coverage of under construction material to be insured with excess clause 20000/-.  Against the proposal, the OP Insurance Co. issued the policy in question covering plot No.2046, Ph.II, IE, Rai District, Sonepat(Haryana) and the stock for industrial building under construction was covered to the tune of Rs.30 lacs.

8.     The perusal of the policy documents clearly shows that the OP Co. has insured the open premises as well as the stock/material  lying therein.  Admittedly, the theft occurred in open premises and the FIR regarding the same was lodged with P.S. Rai.  The surveyor was appointed by the OP Co., who assessed the loss to the tune of Rs.2,00,513.35.  The OP Co. rejected the claim on the ground that the loss to the insured had occurred due to theft in open area.  There was no forcible entry or exit from the site, hence, the subject loss does not fall within the purview of the insurance policy document issued by the underwriter, the repudiation is unjustified, as the insured premises covered under the policy is an open plot and as per the policy, the OP Co. accepted the premium from the complainant to indemnify the loss occurred to the stock lying in the open premises.  The OP Co. arbitrarily rejected the claim of complainant under the false pretext that there was no forbicle entry or exit from the site. 

9.     Non-settlement of the claim of the complainant by OP amounts to deficiency in services. Therefore, we hold OP guilty of deficiency of service and direct it as under:-

1. Pay to the complainant a sum of Rs.1,80,513.35(2.00,513.35-20,000/- against excess clause)  alongwith 9% interest from the date of filing of complaint i.e. 7/05/2013 till realization.

 

2. Pay to the complainant a sum of Rs. 20,000/- on account pain and mental agony suffered by him, which will also include the cost of litigation.

 

A copy of this order each be sent to both the parties free of cost by post. This final order be sent to server (www.confonet.nic.in ). File be consigned to Record Room.

Announced in open Forum on 13/02/2020.

 

 

 

(ARUN KUMAR ARYA)

          PRESIDENT

(NIPUR CHANDNA)                                                  (H M VYAS)

       MEMBER                                                                MEMBER